Wachter Development, Inc. v. Martin

McEvers, Justice.

[¶1] Andrea and Kevin Martin appeal a district court judgment ordering the removal of a fence on their property after finding the fence violated restrictive covenants recorded against the property. The Martins argue the restrictive covenants do not apply to their property because they agreed to purchase the property before the covenants went into effect. They also claim the restrictive covenants are unconscionable. We affirm.

I

[¶2] Wachter Development has an interest in the Promontory Point V development in Bismarck. In April 2012, Wachter entered into a purchase contract with…